The sentence, criticized as lenient by some, led to protests and a recall election that succeeded in removing Superior Court Judge Aaron Perksy from the bench.

Turner's lawyer, Eric Multhaup, was given 15 minutes to argue why the conviction should be overturned before a panel of three state appellate judges, composed of two women and one man.

Multhaup argued that evidence against Turner was largely circumstantial. As an example, he said that Turner was fully clothed when two graduate students found Turner and Emily Doe. It was Multhaup's opinion that Turner had no intent to commit rape.

He also argued that the prosecution didn't have sufficient evidence to prove beyond a reasonable doubt that he knew Ms. Doe had passed the point of general intoxication at the time the sexual activity occurred. He said the trial court failed to instruct the jury on lesser included offenses that could have resulted in a different outcome.

Multhaup also used a term for gratification with clothes on that seemed to stump the justices -- "outercourse."